JUDGMENT

This original petition is filed impugning Ext. P5 Order passed by the Munsiff Magistrate Court, Perinthalmanna, in an application to remit the report of the Advocate Commissioner.

1.1. The petitioner is the 5^th defendant in a suit for permanent prohibitory injunction. At the instance of plaintiff, one Adv. V. Usman was appointed to inspect the property with the assistance of the Surveyor. On 10.07.2017, he submitted the report and plan. The defendants, immediately on filing the said report, filed an application stating that the Advocate Commissioner has not identified the defendants’ property based on their documents though the defendants had made available the documents to the Advocate Commissioner.

1.2. The Advocate Commissioner, on the other hand, specifically reported in his report that though the defendants were present at the time of inspection, they did not handover any documents in order to enable the Advocate Commissioner to measure out the property. Based on these material averments, the Trial Court concluded that the situatio